Malaysia Case Law: Decisions & Judgments

Topic

Section 186 penal code

Legal area

Court

29 Oct 2023

MUHAMAD ZAIM SYAFIQ BIN MD THANY

Citation

JI-83-395-10/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JI-83-395-10/2021 (Mahkamah Majistret)

The prosecution failed to prove the essential mens rea element that the accused intentionally obstructed the police; the CCTV and witness evidence permitted an alternative inference that the accused did not know the approaching persons were police, so no prima facie case was made out and the accused was acquitted and discharged at the close of the prosecution case.
6 Apr 2023

Lo Kok Soon

Citation

AB-83-251-06/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-83-251-06/2020 (Mahkamah Majistret)

The court found that although a prima facie case was made and the accused was ordered to enter his defence, on evaluation of defence evidence the prosecution failed to prove beyond reasonable doubt that the accused voluntarily obstructed a public servant in the discharge of his public duty under s.186; defence raised reasonable doubt and the accused was therefore acquitted and discharged.
11 Dec 2020

1. ) Ten Kok Weng 2. ) Pendakwaraya 1. ) Pendakwaraya 2. ) Ten Kok Weng

Citation

WA-41S-19-11/2019 dan WA-41H-54-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-41S-19-11/2019 dan WA-41H-54-11/2019 (Mahkamah Tinggi)

The charge under section 186 was defective because it omitted the essential mens rea element of voluntariness; a charge that fails to allege every ingredient of the offence does not disclose an offence and conviction and sentence must be quashed and the accused acquitted.
13 Sept 2019

PENDAKWARAYA ABDUL KHALIQ BIN NAZERI UCHECHUKWU MIRACLE UKAEGBU

Citation

WA-83-7234-09/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-7234-09/2019 (Mahkamah Majistret)

The court affirmed conviction and the five-month custodial sentence because the accused pleaded guilty but offered no mitigation, physically pushed police officers thereby undermining public order, and public interest justified a custodial sentence with a one-third reduction for the guilty plea resulting in five months' imprisonment from date of arrest.
13 Sept 2019

PENDAKWARAYA PENDAKWARAYA 1. ) KARTIGHES A/L RAJA MANICKAM 2. ) NATHAN A/L MUNUSAMY

Citation

PA-83-688-07/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PA-83-688-07/2018 (Mahkamah Majistret)

The charge was defective because it omitted the essential mens rea element required by Section 186 and this omission could not be cured under Section 422; additionally the prosecution failed to prove mens rea and conducted an incomplete investigation (failure to call a key witness), therefore no prima facie case existed and the accused were discharged and acquitted.

Malaysia Case Law

MUHAMAD ZAIM SYAFIQ BIN MD THANY

Lo Kok Soon

1. ) Ten Kok Weng 2. ) Pendakwaraya 1. ) Pendakwaraya 2. ) Ten Kok Weng

PENDAKWARAYA ABDUL KHALIQ BIN NAZERI UCHECHUKWU MIRACLE UKAEGBU

PENDAKWARAYA PENDAKWARAYA 1. ) KARTIGHES A/L RAJA MANICKAM 2. ) NATHAN A/L MUNUSAMY